Burden of Proof in case of Process Patent

Judgement Date: Aug 14, 2019 Shogun Organics Limited (the plaintiff), has filed the present suit seeking a permanent injunction restraining infringement of its Patent IN-236630 (IN‘630) against Defendants (Solex Chemicals Pvt. Ltd, Director of the Solex, Orachem Pvt. Ltd (Trading partner of Solex), Manaksia Ltd, and  Endura SPA. The IN’630 patent relates to a “Process for manufacturing D-trans Allethrin”. Allethrin […]

Hindustan Zinc receives its first European patent

The patent EP3192882 granted in July 31, 2019 discloses method of production of Potassium Antimony Tartrate (PAT) by utlizing waste products bearing antimony. Potassium Antimony Tartrate (PAT) is consumed by Zinc hydro smelters for purification of Zinc Sulphate solution to produce Zinc metal. The USA and India equivalents of this patent are under processing. The patented process has been commercialized and is running successfully at […]

Patent infringement actions are maintainable only in respect of granted and live patents

On Aug. 20, 2019, High Court of Delhi Passed order that “Patent infringement actions are maintainable only in respect of granted and live patents.” Plaintiff: Novartis AG & ANR.      . Defendant: Natco Pharma Ltd. The suit concerns the Plaintiff’s patent number IN 276026 titled ‘Novel Pyrimidine Compounds and Compositions as Protein Kinase Inhibitors” relating Ceritinib drug for treating non-small cell […]

Is Nucleic Acid Primer a Patentable Subject Matter?

Biotechnology is any technique that uses living organisms (or parts of organisms) to make or modify products, to improve plants or animals or to develop micro-organisms for specific uses. The 21st century is the Age of Biotechnology and most important technological breakthroughs have been occurring during the last two decades. The biotechnology revolution has put a great strain on the legal […]

Protecting Intellectual Property in Architecture

Intellectual Property is used to describe the results of creative and innovative endeavors. It is called as intellectual since it is created by the intellect of human mind and as property because like tangible property the intellectual property which is an intangible property can also be owned, sold, leased or transferred. There are different ways of protecting intellectual property. Innovative […]

USPTO introduces Post-Prosecution Pilot Program

The United States Patent and Trademark Office (Office) is initiating a Post-Prosecution Pilot Program (P3) to test its impact on enhancing patent practice during the period subsequent to a final rejection and prior to the filing of a notice of appeal. This Pilot Program responds to stakeholder input gathered during public forums held in support of the Enhanced Patent Quality […]

Government of India launches Scheme for Facilitating Start-UPs Intellectual Property Protection

The Scheme for Start-Ups Intellectual Property Protection (SIPP) is envisaged to facilitate protection of Patents, Trademarks and Designs of innovative and interested Start-Ups. Any Start-Up certified by the Start-Up Certification Board having an innovative business incorporated or registered in India not prior to five years with annual turnover not exceeding INR 25 crores in any preceding financial year, working towards […]